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To Bronzelady How to substitute father's petition and replace by USC spouse petition

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  • To Bronzelady How to substitute father's petition and replace by USC spouse petition

    Hi Bronzelady!
    I am quoting you from janeth thread:"IF your father is a USC then your petition is now a third preference petition (you do not have to change anything on the petition CIS will notice that and give you the appropriate category at the interview. If your father is not a USC then that petition is dead BUT if you have an I-485 pending now (you said 2 previous were denied but I am assuming you have a third out there) your husband can file a petition for you and you can go (with that new receipt or approval notice if you get it in time) and ask to SUBSTITUTE your husband's petition for your father's petition (yes, that is allowed). That way you won't have to pay another application fee. You should come prepared for a marriage interview on that day."

    Here is the situation, my father who i am not in contact with petitioned for me in 1997 at teh time he was a green card holder, since then I got married with a USC.. and we filed in NYC in 2002 . After reading your response to the up mentionned thread I was wondering if the same could be applicable to me ..meaning if we can replace my father's petiton which has a march 97 priority date by the one filed by my wife...or it's too late?
    Please advice!

  • #2
    Hi Bronzelady!
    I am quoting you from janeth thread:"IF your father is a USC then your petition is now a third preference petition (you do not have to change anything on the petition CIS will notice that and give you the appropriate category at the interview. If your father is not a USC then that petition is dead BUT if you have an I-485 pending now (you said 2 previous were denied but I am assuming you have a third out there) your husband can file a petition for you and you can go (with that new receipt or approval notice if you get it in time) and ask to SUBSTITUTE your husband's petition for your father's petition (yes, that is allowed). That way you won't have to pay another application fee. You should come prepared for a marriage interview on that day."

    Here is the situation, my father who i am not in contact with petitioned for me in 1997 at teh time he was a green card holder, since then I got married with a USC.. and we filed in NYC in 2002 . After reading your response to the up mentionned thread I was wondering if the same could be applicable to me ..meaning if we can replace my father's petiton which has a march 97 priority date by the one filed by my wife...or it's too late?
    Please advice!

    Comment


    • #3
      As long as you haven't been interviewed yet just bring the approved I-130 (filed by your husband) to the interview with the required proof. If your I-130 hasn't been approved you can bring a copy of the receipt. Be prepared to conduct a marriage interview at that time.

      Comment


      • #4
        If i understood you well, I can go to the NYC district office at any time with my wife and teh receipt of the petition filed by my father in 1997. And they will substitute one for teh other. All I have to do is to bring all the necessary documentation that day as an interview could be conducted. I have the receipt with a March 1997 priority date on it and of course I also have the I485-I130 receipts dated September 2002 filed by my USC wife.
        Am I right? if yes which floor would I go to at the NY office and what do I tell the officer on the 3rd floor as my reason for coming?
        Thanks a bunch!
        Am I right?

        Comment


        • #5
          Bring the petition you wish to substitute to the AOS interview (whenever you are scheduled). There is no point going to the district office. Those files are not in the district they are at the MSC for pre-processing (unless you already have an appointment letter). At the interview tell the interviewing officer that you wish to substitute the petition. If the officer seems hesitant or unsure ask (POLITELY) that he/she check with a supervisor. Many officers may not know/remember that substitution is allowed now.

          Comment

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